VA Disability Claim Appeals

What Is a VA Disability Claim Appeal?

If the Department of Veterans Affairs (VA) denies your disability claim or gives you a lower disability rating than expected, you have the right to appeal. A VA disability claim appeal allows you to challenge the decision and seek a review.

Types of Appeals

Supplemental Claim:
- Process: A supplemental claim is when you present new and relevant evidence that was not included in your original claim. The VA will review this new evidence to determine if it changes the outcome of your case.
- Timeline: It usually takes several months for the VA to process a supplemental claim and make a decision.
Higher-Level Review:
- Process: In a higher-level review, a senior VA reviewer takes another look at your claim without considering new evidence. They will review the same information from your original claim to see if there was an error in the initial decision.
- Timeline: Higher-level reviews are typically faster than other appeal options, often taking a few months.
Board of Veterans Appeals (BVA) Review:
- Process: If you are not satisfied with the outcome of a supplemental claim or higher-level review, you can request a BVA review. This process involves a Veterans Law Judge reviewing your case. You can choose to have a hearing with the judge or submit additional evidence.
- Timeline: BVA reviews can take a year or more, depending on the complexity of the case and whether a hearing is requested.
Court of Appeals for Veterans Claims (CAVC):
- Process: If the BVA denies your appeal, you can take your case to the Court of Appeals for Veterans Claims. This federal court reviews BVA decisions to determine if they comply with the law.
- Timeline: An appeal to the CAVC can take several years to resolve.

Timelines for VA Disability Claim Appeals

Supplemental Claims: Generally processed within several months.
Higher-Level Reviews: Often resolved in a few months.
BVA Reviews: Can take a year or longer, depending on the case.
CAVC Appeals: These can take several years to reach a conclusion.

Attorney Fees for VA Disability Appeals

Attorneys who represent veterans in VA disability appeals typically work on a contingency fee basis, meaning they only get paid if you win your appeal. The VA regulates these fees, and they usually range between 20% to 33% of the back pay you receive if your appeal is successful. Importantly, attorneys cannot charge fees for helping with the initial claim filing but can charge for representation during the appeal process.

Experience Matters

Appealing a VA disability claim decision can be a complicated and time-consuming process, but it’s an important step if you believe your claim was wrongly denied or undervalued. Understanding the different types of appeals, the timelines involved, and how attorney fees work can help you make informed decisions.

I understand. I am a veteran myself.

If you need assistance with your VA disability appeal, my firm is here to guide you through every step of the process and work to secure the benefits you deserve.